Community News
We Need Answers – A family’s search for answers surrounding the shooting of Moses Erhirhie
BY SIMONE J. SMITH
“When I saw the news, I was like SIU messed up again. What I didn’t know is that it was my family that they had messed up on!” Abby Erhirhie
How did Moses Erhirhie die? No one knows! There are still many unanswered questions, and the Toronto Caribbean Newspaper has decided to take a look at the Ontario Police Force, and shine a light on indiscretions that have been overlooked and ignored. We are demanding that SIU provide answers to the Erhirhie family, and the African Caribbean community.
For years, members of the African Caribbean community have suffered at the hands of the Ontario Police force, but this is nothing new. For many years, Black people in Canada have had to deal with discrimination, harassment, and violence at the hands of the people who are supposed to serve and protect. The case of Moses Erhirhie unfortunately is not unique, but equally as devastating to the families who have lost their children unjustly due to police brutality and oversight.
Our trust and confidence as a community in law enforcement has been put to the ultimate test this year. It appears that once again, members of our police for can act or appear to act outside the boundaries of the criminal law, and it is even more pronounced for the African Caribbean community that has a history of strained relations and distrust of law enforcement. I am going to get into the Moses Erhirhie story, but first, I want to take a look at what has been researched, and discovered about the people who are supposed to protect and serve.
I happened upon a research paper prepared by Rand Abulnour titled, “Bribery & Corruption Within Law Enforcement in Canada.” Upon learning of Moses Erhirhie’s death, I decided that it was time to revisit issues that surround police and the African Caribbean community. I am doing this for the families who have lost loved ones, and the family of Moses Erhirhie.
What we have to come to understand is that like with any job, there is a chance of corruption. Corruption can occur when the oversight and internal controls are lacking or ineffective. Law enforcement officers are very similar to civilians working as employees in any company, and if they lack integrity and are aware of opportunities to personally gain from a situation, they may take this opportunity.
According to Abulnour, from January 1st, 1995 through December 31st, 2005 there were 322 incidents of corruption found within the national police forces in Canada. The most common type of corrupt behaviour was inappropriate use of police information followed by fraud, misuse of police officer status, theft and interference with the judicial process.
Ontario was also found to have more cases of police misconduct than other provinces.
There are numerous media reports regarding corruption in law enforcement involving shootings and physical violence, and truly that could be by design. Mainstream media has been notorious for projecting an image of African Caribbeans that is not always positive. Think about how many times you have turned on the news only to see the face of a Black man either being handcuffed, or found dead. For many of us, we are almost used to seeing this, and it has created a narrative that is troubling.
“When a police officer has committed a serious crime of violence by breaking the law which the officer is sworn to uphold it is the duty of the court to firmly denounce that conduct in an effort to repair and to affirm the trust that must exist between the community and the police” Justice Then (R v. Forcillo, 2016, para. 95)
On January 21st, 2022, thirty-five-year-old Moses Erhirhie was killed by York Regional Police in Markham, Ontario, just north of Toronto. Devastatingly, weeks later the Erhirhie family has been left wondering what happened on the night he was killed. His sister Abby sat down with Brandon Gonez, and shared the pain and trauma that her family has had to deal with. She shares that her family didn’t learn of his death until 24 hours later when they were contacted by the police watchdog the Special Investigation Unit (SIU).
According to the SIU. a York Regional Police officer “came upon” Moses Erhirhie outside a vehicle in a shopping plaza at about 9:15 p.m. at Fairburn Drive and Highway 7.
They reported in an earlier news release that a woman in the vehicle was arrested at the scene. York Regional Police have said the woman was taken into custody in connection with firearms offences.
Abby shared that her family was told by the SIU. that police received a call about a suspicious person in the parking lot, that there was an “interaction” with police, and that her brother had been shot and died in hospital. The vehicle was released to his girlfriend last week, but not before she had to pay $900 to retrieve it, and when she did, it was full of blood.
Now, nearly two weeks later, the family is plagued with questions they say require answers. Among them are questions of:
Why?
What was the interaction?
Where did it happen?
Would things have unfolded the same way had her brother not been Black?
Imagine if you can, not knowing what has happened to a loved one of yours, and facing resistance from the people who have the answers. They were even met with resistance when they wanted to see the body. It took days for the family to see him, and all they have wanted is answers, something to tell them what had happened to Moses.
Six days later, they were finally able to see his body. They had mummified the body so that they could not see him entirely. One of the sisters commented that when she saw him, his head was sunken in, and they kept the body covered. When the family asked the coroner for an answer, they were directed to York Regional Police, and the lead investigator still had no answers for them.
“Again, what was the interaction,” Abby asked painfully. “He was shot multiple times, and the police could give us no answers. They killed someone.”
Sadly, this is not the first member of the family that they have lost. They had another brother who also died, so they cherished Moses.
“Do the right thing: by acting professionally, with integrity, and without prejudice, even in the most challenging circumstances, when no one is watching, and on and off duty; holding others accountable to the same standards; challenging any inappropriate behavior; and asking ourselves, “Have I lived up to my word and values?” Toronto Police Core Values Statement
Ontario relies on the Special Investigations Unit (SIU.), a civilian law enforcement agency, to investigate and, where necessary, lay criminal charges against the police. Although the SIU. reports how often charges are laid, little is known about the nature of the offences committed; nor is there transparency or an understanding of the prosecution, trial process, and sentencing for police officers, and how this mechanism of police oversight functions in practice.
In the case of Moses Erhirhie The SIU has reportedly assigned four investigators and two forensic investigators. It has also designated twelve officers as witnesses. The SIU. is asking anyone with information about the case, including video or photos, to contact its lead investigator at 1-800-787-8529. In a statement by SIU. spokesperson Kristy Denette, she outlined where the case was at, which once again has left the community in the dark.
“Thank you for your interest in this case. The circumstances of this death are currently what’s under investigation. The investigators are currently in the process of gathering and assessing evidence, speculating or releasing preliminary evidence may jeopardize the integrity of the work underway. I am also limited from releasing info under the SIU Act.”
The SIU is guided by legislation and Supreme Court of Canada rulings to make determinations on whether an officer has acted within the bounds of section 25(1). When the SIU charges an officer with assault, it has been determined that the officer has exceeded the amount of force that is proportionate to the circumstances and necessary for making a lawful arrest, keeping the peace, or to perform any other authorized police duties.
I found something interesting during my research that will not surprise members of our community. It was found that in over 25% of cases, the Crown withdraws charges against the police. For the cases that do proceed to trial, the most common outcome is an acquittal; and for officers who are convicted, they are typically sentenced to a conditional or absolute discharge.
Police officers are inherently advantaged by their status as criminal justice insiders. Understanding Charter legal rights is central to the daily duties of police officers, making them well positioned to protect their rights at all stages of the legal process compared with the average person. Additionally, prosecuted police officers have extra layers of support when compared with the average person charged with an offence. Police officers enjoy support from policing unions, who not only advocate and lobby for the due process interests of police officers as a population, but can also provide support to individually charged officers.
What does this all mean? It means that in order for the Erhirhie family to get the answers they need, and the justice for Moses, we as a community must stand together and force this investigation along. Somehow, someway, the untimely, and unnecessary deaths of our Black men have to stop. No one is above the law, even if they are the so-called lawmakers.
My heart goes out to the Erhirhie family, and I hope that those reading this article will take the stand we need to and call out York Regional Police and the SIU.